R-2016-127 2016-07-11RESOLUTION NO. R2016-127
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
Staff to proceed with the acquisition of surveying services associated with
proposed Annexation Areas A, B, C and G.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Manager or his designee is hereby authorized to proceed with
the acquisition of surveying services associated with proposed Annexation Areas A, B, C and G.
PASSED, APPROVED and ADOPTED this the 11th day of July, A.D., 2016.
6'n ‘)
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOMRE
MAYOR
August 8, 2016
C.L. Davis & Company
1500 Winding Way
Friendswood, Texas 77546
Resolution No. R2016-127
Exhibit "A"
Re: City of Pearland 2016 Annexation
Notice to Proceed
Mr. Davis,
CITY OF PEARLAND
PROJECTS DEPARTMENT
3519 Liberty Drive
Pearland, Texas 77581
NOTICE TO PROCEED
FOR PROFESSIONAL SERVICES
The City of Pearland has entered into agreement with C.L. Davis & Company, to provide land
surveying services for City of Pearland 2015 Annexation. Please accept this notification as your
"Notice to Proceed".
Please reference City of Pearland Account Number 100-410-420-5400-160 on all
correspondence related to this project.
Please return an acknowledged copy of this Notice to Proceed and a copy of the insurance
certificate to meet the City's requirements as detailed in Section I of the Contract.
Payment shall be made in accordance with Section III of the Contract. If you have any questions
with regards to this communication or the instructions it contains, please contact me at 281-652-
1794 or avu@pearlandtx.gov.
Sincerely,
Anthony Vu
Acquisition Manager
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed is hereby acknowledged by:
This
Qfi.-x-t
(Name) (Title)
FS'. day of , 2016.
cc: Trent Epperson
Lata Krishnarao
City Secretary Office
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on August 9, 2016, by and between the City of Pearland
("CITY") and C.L. Davis & Company ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as City of Pearland 2016 Annexations ("PROJECT"). (100-410-420.5400.160)
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall perform Land Surveying Services for Areas identified
as Areas A, B & C. See Exhibit A, attached, for a detailed SCOPE OF WORK
and PROJECT schedule, and Exhibit B for general location & boundaries. The
PROJECT schedule shall be submitted in digital and hard copy form in the
Microsoft Project for Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
08/09/2016
F. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non -owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
2 08/09/2016
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end December 30, 2016 .
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is lump sum. Total compensation
for the services performed shall be the sum of $37,680.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT.
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
3 08/09/2016
its sub-consultant(s) or in any way affect the CONSUTANT's status as an
independent contractor of the CITY.
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 1500 Winding Way, Friendswood, Texas
77546. Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15`h day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attomey's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
4 08/09/2016
SECTION VI — ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
SECTION VII — COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise fee
that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 9th day of August , 2016.
OF P • A LAND, TEXAS
CONSULTANT
5 08/09/2016
Fp'
C. L. DAVIS & COMPANY
LAND SURVEYING
1500 Winding Way
Friendswood, Texas 77546
281.482.9490
FAX 281.482.1294
cldavis(acldaviscompany.com
June 16, 2016
REVISED: June 27, 2016
REVISED: July 5, 2016
REVISED: August 10, 2016
REVISED: August 16, 2016
City of Pcarland
Ms. Frankie Legaux, AICP
City Planner
3519 Liberty Drive
Pearland, Texas 77581
EXHIBIT "A"
Re: City of Pearland 2016 Annexations
AREA A: (Northwest corner of CR 59 and Kingsley Drive)
AREA B: (Southwest corner of CR 59 and Kingsley Drive)
AREA C: (Northeast corner of Country Place)
Reference: C. L. Davis Job No. 11-421-141
Proposal No. 2016-097 (R4)
Dear Ms. Legaux:
Our proposal for land surveying services for the above referenced project shall meet the requirements of 22 TAC 663.21
and shall be solely for the purpose of reconfiguring the boundary of the political boundary, specifically the City of
Pearland and will not be based upon an On -the -Ground Survey.
PHASE 1:
AREA A: Northwest corner of CR 59 and Kingsley Drive (See attached Exhibit)
Task 1 - Data Collection
1. Prepare a table showing current ownership
information, addresses and taxing status and obtain copies of the following:
A. City Ordinances
B. Municipal Utility District Deeds
C. Perimeter Vesting Deeds and Subject Deeds
D. Current ownership information (Name and mailing address of perimeter boundary
Annexation tracts)
E. The taxing status of each tract within the delineated area in order to determine which, if any,
of the tracts have an agricultural exemption
Subtotal $1,600.00
2016-097 (R4) CofP 2016 Annexations #I 1-421-141
1
Proposal No. 2016-097 (R4)
Page 2
Task 2 — Review Data Collected and prepare Preliminary Annexation Map
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal — 8 hours x 225 $1,800.00
R.P.L.S. — 24 hours 150 53,600.00
CAD — 24 hours 110 S2,640.00
Three-man field crew — 0 hours x 185. 50.00
Data Collector — 0 hours x 40 50.00
Clerical — 8 hours x 80 5640.00
Subtotal $8,680.00
2. Review with City Staff annexation boundaries utilizing Preliminary Annexation Map and
Ownership Table to determine final annexation boundaries
Fee based on the following levels of efforts:
Principal — 4 hours x 225 $900.00
R.P.L.S. — 4 hours 150 $600.00
CAD — 0 hours 110 $0.00
Three-man field crew — 0 hours x 185. $0.00
Data Collector — 0 hours x 40 50.00
Clerical — 0 hours x 80 $0.00
Subtotal $1,500.00
Task 3 — Preparation of final legal description, Annexation Map and Ownership Table
Fee based on the following levels of efforts:
Principal — 4 hoursx 225 $900.00
R.P.L.S. — 16 hours 150 $2,400.00
CAD — 6 hours 110 5660.00
Three-man field crew — 0 hours x 185. 50.00
Data Collector — 0 hours x 40 50.00
Clerical — 8 hours x 80 $640.00
Subtotal $4,600.00
AREA A - Total $16,380.00
AREA B: Southwest corner of CR 59 and Kingsley Drive (See Attached
Exhibit)
Task 1 - Data Collection
1. Prepare a table showing current ownership
information, addresses and taxing status and obtain copies of the following:
A. City Ordinances
B. Municipal Utility District Deeds
C. Perimeter Vesting Deeds and Subject Deeds
D. Current ownership information (Name and mailing address of perimeter boundary
Annexation tracts)
E. The taxing status of each tract within the delineated area in order to determine which, if any,
of the tracts have an agricultural exemption
Subtotal $800.00
2016-097 (R4) ('ofP 2016 Annexations #I 1-421-141
2
Proposal No. 2016-097 (R4)
Page 3
Task 2 — Review Data Collected and prepare Preliminary Annexation Map
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal — 4 hours x 225 $900.00
R.P.L.S. — 30 hours 150 $4,500.00
CAD — 20 hours x 110 $2,200.00
Three -pian field crew — 0 hours x 185. 50.00
Data Collector — 0 hours x 40 50.00
Clerical — 4 hours x 80 $320.00
Subtotal $7,920.00
2. Review with City Staff annexation boundaries utilizing Preliminary Annexation Map and
Ownership Table to determine final annexation boundaries
Fee based on the following levels of efforts:
Principal — 2 hours x 225 $450.00
R.P.L.S. — 2 hours. 150 $300.00
CAD — 0 hours x 110 50.00
Three-man field crew — 0 hours x 185. 50.00
Data Collector — 0 hours x 40 $0.00
Clerical — 0 hours x 80 50.00
Subtotal $750.00
Task 3 — Preparation of final legal description, Annexation Map and Ownership Table
Fee based on the following levels of efforts:
Principal — 4 hours x 225 $900.00
R.P.L.S. — 16 hours 150 $2,400.00
CAD — 8 hours x 110 $880.00
Three-man field crew — 0 hours x 185. $0.00
Data Collector — 0 hours x 40 50.00
Clerical — 6 hours x 80 $480.00
Subtotal $4,660.00
AREA B - Total $14,130.00
AREA C: Northeast corner of Country Place (See Attached Exhibit)
Task 1 - Data Collection
1. Prepare a table showing current ownership
information, addresses and taxing status and obtain copies of the following:
A. City Ordinances
B. Municipal Utility District Deeds
C. Perimeter Vesting Deeds and Subject Deeds
D. Current ownership information (Name and mailing address of perimeter boundary
Annexation tracts)
E. The taxing status of each tract within the delineated area in order to determine which, if any,
of the tracts have an agricultural exemption
Subtotal $500.00
2016-097 (R4) Coll' 2016 Annexations 411-421-141
3
Proposal No. 2016-097 (R4)
Page 4
Task 2 — Review Data Collected and prepare Preliminary Annexation Map
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal — 4 hours x 225 5900.00
R.P.L.S. — 8 hours 150 51,200.00
CAD — 10 hours 110 51,100.00
Three-man field crew — 0 hours x 185. 50.00
Data Collector — 0 hours x 40 50.00
Clerical — 2 hours x 80 5160.00
Subtotal 53,360.00
2. Review with City Staff annexation boundaries utilizing Preliminary Annexation Map and
Ownership Table to determine final annexation boundaries
Fee bused on the following levels of efforts:
Principal — 2 hours x 225 $450.00
R.P.L.S. — 2 hours 150 5300.00
CAD — 0 hours 110 50.00
Three-man field crew — 0 hours x 185. 50.00
Data Collector — 0 hours x 40 50.00
Clerical — 0 hours x 80 50.00
Subtotal 5750.00
Task 3 — Preparation of final legal description, Annexation Map and Ownership Table
Fee based on the following levels of efforts:
Principal — 4 hours x 225 $900.00
R.P.L.S. — 6 hours 150 5900.00
CAD — 4 hours 110 $440.00
Three-man field crew — 0 hours x 185. S0.00
Data Collector — 0 hours x 40 S0.00
Clerical — 4 hours x 80 $320.00
Subtotal 52, 560.00
AREA C - Total $7,170.00
Total Amount of Proposal $37,680.00
Deliverables:
1. Prepare four copies of the final draft documents for each annexation location that will be submitted
to the City staff for review and comment.
2. Once the final documents are revised as per city comments, the Surveyor shall prepare, seal and sign
the number of copies as specified by the City of the final documents for each annexation location.
3. The Surveyor shall also provide the City with a PDF file and an AutoCAD drawing of the exhibit and
a MSWord document for each proposed Metes and Bounds for annexed areas.
Tracts with agricultural tax exemptions will be saved and excepted out of the over-all annexation
boundary by calling out the referenced vesting deed (Fee does not include preparation of Metes and
Bounds description on each tract)
The Annexation Metes and Bounds will be based on course and distances recited in the description from
recorded documents (such as deeds) and the recorded documents will be located on the Exhibit.
2016-097 (R4) CotP 2016 Annexations #I 1-421-141
4
Proposal No. 2016-097 (R4)
Page 5
SCHEDULE:
Task 1 and 2 for each area will be completed by November 1, 2016
Task 3 for each area will be completed by November 15, 2016
Any changes or revisions in the scope of the project after authorization to proceed will be billed on an hourly basis as
described below:
• Principal $225.00
• Registered Professional Land Surveyor (RPLS) $150.00
• Technical/CAD $110.00
• Three-man field crew $185.00
• Data Collector $40.00
• Clerical $80.00
All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701 North Lamar, Suite 400;
Austin, Texas 78752; phone number: 512-452-9427. Any complaints about surveying services should be sent to the
above address to the attention of Complaints Officer of the Board.
Thank you for the opportunity to submit this proposal and we look forward to working with you.
Sincerely,
C. L. Davis, R.P.L.S.
2016-097 (R4) CotP 2016 Annexations #I 1-421-141
5
EXHIBIT B
Area A (NW corner of CR 59 & Kingsley Dr.)
Acreage: 208.68
Number of Parcels: 91
Number of Residential Parcels: 70
Located in MUD: N/A
Included in a SPA: No
Description: Area A is approximately 208 acres, located just
south of Broadway St. on the west side of Kingsley Dr. It is
adjacent to Southern Trails development, a planned
subdivision with premier high value residential areas.
1
Area B (SW corner of CR 59 & Kingsley Dr.)
Acreage: 407
Number of Parcels: 31
Number of Residential Parcels: 11
Located in MUD: NrA
Included in a SPA: No
Description: Area B is approximately 407 acres,
located between CR 564 and CR 48. It is in close
proximity to the Southern Trails and includes the
location of the proposed new City water plant.
County Road 48 is currently being widened to four
lane with a median, and the County recently
received funds to widen County Road 59. Both
areas have substantial vacant land with potential
for high quality development, if developed under
City's codes and ordinances.
2
Area C (NE corner of Country Place)
Acreage: 17.61
Number of Parcels: 3
Number of Residential Parcels: 0
Located in MUD: N/A
Included in a SPA: No
Description: Area C is approximately 17 acres
and located just north of McHard Rd. This area
abuts Clear Creek. This area is_predominantly
vacant with a dilapidated structure.
Annexation of this area will protect the nearby
subdivision of Country Place. Proximity to
Clear Creek and Tom Bass Regional Park will
provide a possible opportunity to develop the
trails along Clear Creek.
3